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2023/030: The issue of a building consent, specifically in regard to three cladding details

This determination considers a building consent for the construction of a dwelling. The matter concerns the details for fixing infill panels that were proposed to be installed above and below windows, and above a garage door and entrance. The determination considers whether those details, as documented in the consent application, would comply with clause E2 External Moisture and B1 Structure, if the building work was constructed in accordance with the building consent.

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2015/001: Regarding the refusal to issue a code compliance certificate for a 16 year-old house with mixed claddings

Discussed whether the building work complied with the Building Code current at the time the consent was issued and whether a code compliance certificate should be issued. Also discussed whether it is reasonable to grant a modification to durability provisions in Clause B2 of the Building Code.

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Liability changes and BCA reform announced

The Government is changing building and construction liability settings and making it easier for Building Consent Authorities (BCAs) to voluntarily consolidate their functions.

2024/062: The refusal to issue a code compliance certificate and the reasons given

This determination considers the authority’s refusal to issue a code compliance certificate due to concerns that some of the building work does not comply with the building consent and the Building Code. The determination considers whether the authority had grounds for refusing to issue the code compliance certificate, and the reasons given for the refusal as set out in its section 95A notice.

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2019/055: Regarding the authority’s decision to issue a building consent with a section 37 certificate attached, for a proposed building

This determination considers the decision by the authority to issue a building consent with a section 37 certificate attached.  The determination discusses what the section 37 test ‘will or may materially affect building work’ means.

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2025/009: Granting of a building consent amendment with a section 75(2) condition

This determination considers an authority’s decision to grant an application for a building consent amendment subject to a condition imposed under section 75(2). The matter concerns building work which crosses the boundary between two allotments held by the same owners under one fee simple record of title.

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2025/030: An authority’s decisions to issue notices to fix for building work carried out without a building consent

This determination considers two successive notices to fix alleging the owner has carried out building work in a sleepout without first obtaining a building consent in contravention of section 40 of the Building Act. The determination discusses the form and content of the notices, including whether the details were correct and the timeframes were reasonable.

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2015/003: Compliance of a retaining wall between two properties

Discussed the protection of “other property” in relation to Clause B1.3.6, and whether exempt building work is required to comply with the Building Code. Also discussed the compliance of the retaining wall with Clause B1.3.1, and the appropriate regulatory action in relation to the issue of a code compliance certificate for work found to be not compliant.

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Why contracts are valuable

Understand when you need a contract for your building or renovation project.

2018/031: Issue of a notice to fix and whether a structure is a building

Note: This determination is subject to clarification This determination considers the authority’s decision to issue a notice to fix for work carried out without building consent.  The determination turns on whether the structure is a ‘building’ under section 8 of the Building Act or is excluded from that definition by section 9 because it is a ‘boat ...used in navigation’.

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This information is published by the Ministry of Business, Innovation and Employment’s Chief Executive. It is a general guide only and, if used, does not relieve any person of the obligation to consider any matter to which the information relates according to the circumstances of the particular case. Expert advice may be required in specific circumstances. Where this information relates to assisting people:

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